M.Elangovan vs Jegatheesh
2022 Latest Caselaw 16108 Mad

                                                                                    C.R.P.No.3206 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  DATED: 11.10.2022
                                                         CORAM:
                                  THE HONOURABLE Mr. JUSTICE S.SOUNTHAR
                                                 C.R.P.No.3206 of 2022
                                              and C.M.P.No.17063 of 2022
                M.Elangovan                                                    .. Petitioner

                                                     Vs.

                1. Jegatheesh
                2. Lokesh                                                      .. Respondents



                PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of
                India, pleased to set aside the judgment and decree dated 01.02.2021 passed in
                C.M.A.No.49 of 2017 passed by Learned Subordinate Court, Jeyankondam in
                confirming the Fair and Decreetal order passed in I.A.No.880 of 2015 in
                O.S.No.228 of 2015, dated 26.04.2017, by the Learned District Munsif Civil
                Court, Jeyankondam.
                                        For Petitioner     : Mr.A.Manojkumar


                                                     ORDER

The Civil Revision Petition is filed challenging the order passed by

the Subordinate Court, Jeyankondam, confirming the interim injunction granted

in favour of the respondent/plaintiffs in I.A.No.880 of 2015 in O.S.No.228 of

2015.

2. The respondents herein filed a suit for declaration and injunction https://www.mhc.tn.gov.in/judis

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C.R.P.No.3206 of 2022

against the petitioner in O.S.No.228 of 2015. Pending suit, the respondents

sought interim injunction in I.A.No.880 of 2015 in O.S.No.228 of 2015. The

said interim injunction application was allowed on merits on 26.04.2017.

Aggrieved by the said order, the revision petitioner filed an appeal before the

Subordinate Court, Jeyankondam in C.M.A.No.49 of 2017. The said

miscellaneous appeal came to be dismissed on 01.02.2021 and aggrieved by the

same, the petitioner herein has come up by way of this revision.

3. The Trial Court based on revenue documents Ex.P4 to R7 came to the

prima facie conclusion that respondents established their possession and

granted temporary injunction. The said order was confirmed by Appellate

Court. This Court does not find any patent irregularity in the concurrent

conclusions reached by Court below. The other issues raised by petitioner

regarding title dispute is a matter to be adjudicated in main suit. Admittedly the

respondents have been enjoying the order of interim injunction from April 2017

to till date. Therefore, this Court is not inclined to entertain this revision and

instead taking into consideration the suit is of the year 2015, a direction is given

to the learned District Munsif Civil Judge, Jeyankondam, to dispose of the suit

in O.S.No.228 of 2015 within a period of six (6) months from the date of receipt

of a copy of this order.

https://www.mhc.tn.gov.in/judis

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C.R.P.No.3206 of 2022

4. With the above direction, this Civil Revision Petition stands disposed

of. No costs. Consequently, connected miscellaneous petition is closed.

11.10.2022

nti

Index: Yes/ No Internet : Yes / No

To

1. The Subordinate Court, Jeyankondam.

2. The District Munsif Civil Court, Jeyankondam.

https://www.mhc.tn.gov.in/judis

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C.R.P.No.3206 of 2022

S.SOUNTHAR, J.

nti

C.R.P.No.3206 of 2022 and C.M.P.No.17063 of 2022

11.10.2022 https://www.mhc.tn.gov.in/judis

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C.R.P.No.3206 of 2022

https://www.mhc.tn.gov.in/judis

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